OfS refers institutions to National Trading Standards to investigate concerns over clauses related to industrial action in student contracts

The referrals are part of the OfS’s partnership with NTS, with NTS examining each notification it receives from the OfS about a potential breach of consumer protection legislation. The OfS has referred these institutions to NTS because it has identified concerns with terms in their student contracts, including, but not limited to, clauses relating to industrial action.

As with previous referrals, the OfS would expect to publish case studies naming these institutions should NTS find that their student contracts contain terms that could be considered unfair under consumer protection legislation. These case studies are designed to help all institutions to meet their legal obligations and the OfS’s regulatory requirements relating to consumer protection law, as well as helping students to identify terms in their contracts that may affect their rights.

In April 2025, the OfS issued regulatory guidance to universities and colleges that set out its expectations on how they should support students before, during and after industrial action. The guidance drew upon the experience of students affected industrial action and the steps taken by universities and colleges to mitigate disruption.

In the guidance, the OfS made clear its expectation that institutions should ensure their contracts comply with consumer law and do not include terms that incorrectly limit liability to students during periods of action by their own staff or in other circumstances that could be within their control.

OfS Deputy Director of Quality, Jean Arnold, said:

‘Students invest a significant amount of time, money and effort in their higher education experience. It’s important that they are treated fairly and receive what they have been promised, including during periods of industrial action.

‘Since we released our guidance on industrial action, many universities and colleges have taken action to ensure they’re meeting our expectations in relation to their contracts with students. However, we remain concerned that we are continuing to identify terms that may breach consumer protection legislation.

‘We encourage all universities and colleges to reflect upon our guidance and make sure the contracts they use are fair and protect students’ consumer rights.

‘Where we have concerns, we will continue to work with National Trading Standards to ensure institutions change their approach, including making referrals where we identify contractual terms that may be unfair. We will also continue to publish the outcomes of these referrals to help institutions and students better understand the types of terms that may be unfair in student contracts.’